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7/22/1980 - Regular ,.....-- 7-22-80 124 Board of County Supervisors Salem-Roanoke County Civic Center Salem, Virginia July 22, 1980 The Board of County Supervisors of Roanoke County, Virginia, met I this day in open session at the Salem-Roanoke County Civic Center in Salem, Virginia, this being the fourth Tuesday and the second regular meeting of the month of May. Members present: Chairman Lawrence E. Terry, Vice Chairman Edward C. Park Jr., Supervisors Robert E. Myers, and Paul B. Matthews. Members absent: Supervisor May W. Johnson IN RE: CALL TO ORDER Chairman Terry called the meeting to order at 5:55 p.m. IN RE: EXECUTIVE SESSION Supervisor Matthews immediately moved to go into Executive sessior I to discuss real estate, legal and personnel matters; which motion was adopted by unanimous voice vote. IN RE: CALL TO ORDER The meeting was again called to order by Chairman Terry at 7:00 p.m. IN RE: INVOCATION Rev. Eldwood White of Calvary Baptist Church, 914 Florida Street, Salem, Virginia, offered the invocation and the pledge of allegiance to the Flag was recited in unison. REQUEST OF ROBERT ALLEN SCHAAFF FOR A PERMIT BY SPECIAL * EXCEPTION TO THE ZONING ORDINANCE TO PLACE A MOBILE * HOME WITHIN 20 FEET OF A PRIVATE ROADWAY BEING THE NORTH * ,~ LINE OF A 4.35-ACRE TRACT LOCATED 793 FEET SOUTH OFF THE *APPROVEL TERMINUS OF STATE ROUTE 1029 IN THE VINTON MAGISTERIAL * DISTRICT I IN RE: PUBLIC HEARINGS Mr. Schaaff appeared to support his request and no one appeared - in opposition. Upon the motion of Supervisor Park and the following ~ -.., 7-22-80 1 ..-) tv f..., ~) . recorded vote, the request was approved. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None I ABSENT: Supervisor Johnson IN RE: REQUEST OF NORMAN T. WRIGHT FOR A "USE NOT PROVIDED * FOR" PERMIT TO UTILIZE 200 SQ. FEET OF FLOOR SPACE * AT THE REAR OF CRESCENT HEIGHTS GROCERY FOR WHOLESALE * APPROVED PRODUCTS STORAGE AND DISTRIBUTION ON PROPERTY LOCATED * AT CRESCENT HEIGHTS BOULEVARD AND STARKEY ROAD IN THE * CAVE SPRING MAGISTERIAL DISTRICT. * No one appeared in support or oppositiqn to this request. On motion of Supervisor Myers and the following recorded vote, the request was approved. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None ABSENT: Supervisor Johnson IN RE: "USE NOT PROVIDED FOR" PERMIT TO UTILIZE 200 SQ. FEET * OF FLOOR SPACE AT THE REAR OF CRESCENT HEIGHTS GROCERY * FOR WHOLESALE PRODUCTS STORAGE AND DISTRIBUTION * FINAL ORDER I NOW, THEREFORE, BE IT ORDERED that a "Use Not Provided For" permit to allow wholesale products storage and distribution from the rear of Crescent Heights Grocery (total area not to exceed two hundred square feet) as described on Exhibit "A" be granted as requested to begin on the date that this order is entered into record. BE IT FURTHER ORDERED that a copy of this order be forwarded to the County Planner, and that he be and hereby is directed to enter this permit into the official zoning records of the County. I BEGINNING at a stake at the intersection of the Easterly side of Crescent Heights Boulevard with the North side of Route No. 119; thence with the North side of Route No. 119 N. 76 deg. 58' E. 91.61 feet to a stake; thence with a line through Lot No.1, N. 11 deg. 30' W. 146.3 feet to a stake in Ray Douthat line; thence with same S. 73 deg. 30' W. 91.83 feet to a stake on the Easterly side of Crescent Heights Boulevard; thence with the Easterly side of Crescent Heights Boulevard S. 11 deg. 30' E. 140.7 feet to the place of BEGINNING: and being the Westerly portion of Lot One (1), of the subdivision of the W. W. Gillespie Estate, a map which is of record in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, with the deed from E. W. Chelf, Special Commissioner, to Edith Barbara Winde1, dated April 26, 1946, of record in Deed Book 336, page 519; and BEING the same property conveyed to male grantor by deed from Edward o. Craighead and Essie Lee Craighead, husband and wife, dated Nov. 16, 1949 and recorded in the aforesaid Clerk's Office in Deed Book 428, page 222. ,.....-- 7-22-80 126 IN RE: PETITION OF VIRGINIA ASPHALT PAVING CO., INC. FOR * REZONING FROM A-I TO M-2 OF A PARCEL OF LAND CON- * TAINING APPROXIMATELY 7 ACRES AND LOCATED JUST OFF * APPROVED VIRGINIA ROUTE 679 SO THAT AN OFFICE BUILDING AND * SHOP FACILITY MAY BE CONSTRUCTED THEREON: CAVE * SPRING MAGISTERIAL DISTRICT * No one appeared to represent or oppose this request. Chairman Terry explained that Supervisor Johnson was away and this rezoning was in her district but she had told him there was no objection on her part. Supervisor Park moved that the request be approved, which was adopted by the following recorded vote. AYES: Supervisors Myers, Park, Matthews, and Terry NAYS: None ABSENT: Supervisor Johnson IN RE: REZONING OF A CERTAIN PARCEL OF LAND CONTAINING APPROXIMATELY 7 ACRES SITUATED JUST OFF OF VIRGINIA ROUTE 679 IN THE CAVE SPRING MAGISTERIAL DISTRICT OF ROANOKE COUNTY, VIRGINIA, AND OWNED BY VIRGINIA ASPHALT PAVING CO., INC. * * * FINAL ORDER * * NOW, THEREFORE, BE IT ORDERED, that the aforementioned tract of land, more particularly described below, be rezoned from Agriculture District, A-I, to Industrial District, M-2. BEGINNING at Point 1, as shown on the map hereunto appended and hereinafter mentioned, and which said point constitutes the southeasterly corner of Lot 40, as shown on the Thomas H. Beasley Subdivision, of record in Plat Book 3 at page 61 in the Office of the Clerk of the Circuit Court of Roanoke County; thence N. 68 deg. 30' 19" E. 125 feet to Point 2; thence S. 22 deg. 12' 67" E. 20.49 feet to Point 3; thence S. 53 deg. 39' 1811 E. 576.63 feet to Point 4; thence N. 74 deg. 19' 30" E. 97.79 feet to Point 5; thence S. 43 deg. 35' 34" E. 300 feet to Point 6; thence S. 67 deg. 47' 03" W. 632.26 feet to Point 7; thence N. 22 deg. 12' 57" W. 804.54 feet to Point 1, the Place of BEGINNING, containing 7.00 acres more or less, as shown on a plat of survey prepared by Buford T. Lumsden & Associates, Certified Land Surveyors, under date of 29 January, 1980, revised 8 February, 1980, which plat is marked "Exhibit 1" hereunto appended and, by reference, made a part hereof. BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. (SEE MAP ON NEXT PAGE) ~ I I I . ~' .. o,-.l c. " 0 €:- \-'Z. .J C1!.....;~'?p..~V~ .'))/~_t __ p. ;;:.~j,\ 0.."'( ,.~ ...~ --.'------. {...... --{ v .-1..-"- ~..------- ~;.J?-.v'~1;- f~' , < >, ~ A- ~ \f?;. rp~J \. lu" O~A:;'?I..P.X~C. ,'. " : ::1". V,......_cpr), . ~ '\ \ "" , /' .. ...... {-,- . 0', I' ......:~/.:s...... '{j' "- (, l..t.. \ . i(j .. ';"" o ll) ~ \ YA -~,:.p. -<.~ ((). ".1,. 0 \ ....... I!./ ,~ v>/o ." _\ l.f:./ ,/Qj , .... Q<r(V . ..J .. ~f'rl 00 . '. .~ -: J_ 'f / \ tf. .. \J' '1.'1- / \ [I) /'f] ~ ~ , d''} -I .J /}./v. r . ~ ~ ') o l./-..'f V)' " 9;9~/ \ .,:( 5) ~ \'1?~ Q.' tJ. ~ IU;:) . M'J 9' ~,._~ ~:\ . Q lIil Q:' Q, ') · $(h · ~ 0 , . v '1("'. n, ILl' "'.f::.~ ~ ~ ,. . ... v 0 ....... ................ ...-. ",. ~~ ' ..'.,-.~ 'f rl' .'. ... r 1.00 A.,- R c:.. _'\ ~, ~ \9 8 to "', ~ \ . . "'?\' > 1V ' f't ' ....' 0' . --. if (JJ ',J -. '\ Q-' '>.:' ......... 5 /. I.\'- "~ . . . I:,.;. -V .... - ,\f.. f .J . : .... 4 "',!P m . ..tt'\; . - o--/~ - .. " 7' . '8 "', frJl(j' . : -' !.',. . '. . . , . . ... ~ It , ..., . _,._~~ ~ -";:-Jrl II) ,4/ . . Z '- ' ~, ~ 0.. . -s . ........If} )'. , , ...... '-'-', '~.e~j~'-:--~"" :;--:"'71/00 ..J.":.: DOt..lAI-WE'>... O. 's;.. ~.: 0 ti/ I. a. ~o f .... r...... '9-9,;::':' .........: .'- I'tprv ~:, s. 2.8Z.'. "~. ' , ~ (5 )'.<.\Y." . , k'~, .' .......~ 'r~ . '0" .-' . ~ :\.. ;I; '. ,t :./ ~ Z:7) ;,,' ,fI,....,:.f'~~. V' . "\ ';~';:; /.... / - )? f' j ~ fl,' . ' . "l . r . .;' - ),~~. . ~ \~ ,'. V '. .~~.. ,./. ~./ ~" \!' . .,C t~. ~I &~~- ~A~~,.:... . .~~ ". "- ..(' ~ Ql Q~ d.1"f oQ~~' ." .~:?~ .-:-y A. O. (/~~ iY o. ~ .. '( i''\v,? · . j .:. '. \jf\Q~l~ ~~~~ . . ~" ..0 ~ ~~~ . . ~:1-7.'" ":'" '(~~' " A ...;: \ a~~~~ .~o:~ 9- . . . " ..... .~.s~~~-4 ~ /~\ ~~ '?L, . . ,~ ~ .t. .s-. ~ ~~,,<"9,~ / \ ~~ .<\ ~ .~:..^ V ~ 0, ~ J.~ ~J. 1. \.1'0' . s-~ c.... )1", =t(.^ 'fa ,''; ~ ~ 0 . .' ~ ~~~ '1;:0 . ~~";; .~ 1- '. .. .' .' ,',' ...~. (j'?". ,.' '. ,~ . ~ ?., \." ,- . '.' .. ' \)'>1.0 ,....,~. ,.'..:','.' ,'~'. "".,".:J.",.~',..', , ", -'.:~'.'-->:,~':~':~.r':-':-:'..:.'.... ,. _ _ /~;.~:i:~/-h~.;:::}K.:,. ~.;?:',: < .:;;;..: · _;~;"..,.':;,.::..;,~.::< "':';>'---". . PLAT SHOWING PROPERTY (7.00 AC.) !~~''''.:'' -:..:-.,-:.<...;......:-:..,...'\,.:.. .... ' >.... ~--::-.-}::_'<:e .;.:.~~..;~~~..... .- ,',~,.:>: .:) ....:.. . BE I NG CONVEYED TO '.:.'; :.":,;..' o.:t. ;U'~:;~~i;'~),. ~.~ ';:)::,;' ..=.-:~:::....~:.,~. \.: . :'i:" 0@,4;;o";( ~,. VIRGINIA ASPHALT PAVING CO., INC >>~ ~X~/1t;~fi.:..~\,.~~;:.<<.,., ;" BY . , ':-, . ': .".' . ;:' :.' ;...' I. ., '. 'd : .t.... ' THOMAS H. BEASLEY. JR. . .-a: ..*__.J.;.,,"~..........-_L. ~.\. ......,..-:.-,.~....j....:." .' ".._ '. ,,;:. >. 9r'-~)?~"~~ "''::-: ;;. :.;....:: :. SITUATED ALONG VA'. ROUTE .'1679 :i'!"~~}:~'. ~~};::.::.~CA.V~. SPRING. HAGlSrE~IAL DISTRICT '~_ ..,q,.: ):;~:'. :.~.:'~.::~~~j~~~~~_~,~E. ~~.U1rr~,,~ . " '.' V I RG I N I A . .-.'. .' .....-:,_...0' 'f, .....~#"~.I" J\.~-:f\...-_.~'t. ~':s:,.:....... , .' ,... .... ..1o~.,:.~....JL'("!..l..." '.' ..'.;:.,.....'..Z:.....' .' ",.' :~\""~, ~~.~'...~.-?'..:-.~'..~H... : ~'~:::. ~~J..)~..= 200f" "DATt: 29 JANUARY 1980 ..,',.~..;...-"..".-"::"::'~'''.'- -- .~,..~:'.i-:..:.';....:.. REV' 6 fEB 1960 . . 'f- :.;....._....../....\r....:J.,~_... '( ...... ,.....,:-.. .. ", ~;~ . ~ ': :,:~':~l' '.: I ':..;'":1 :,\.' ' .... . '. ~f.:'-:' '..:.~ ;',,;;,,:~ .' . ," . .~.' .,.~:-/ . BUFORD T. WMSDEN & ASSOCIATES, P. C. ." ~ .....,.-: ':., .'.: --":,'" :'..: .(...'...~~:>-;J..~.1,: ~ . CERTIFIED LAND SURVEYORS . ..... "" .:.; ..,""':....... ._,." ..:-...~~'~~;'_',./~"~'''''.\::'~':'~ ' \.:- .' j"': ':"..:. .:.~.. ~...'I.'....~... . . "OA~(, v.ftGtNlA .;:: /", ::..;;>"..~,\~l..'.:. ~ .:':>;:::.;(~.,;'~t.~/!~.~., .:.. :"':.':.,<.~. '::.-. I o<?,/ -f/) "- .'\, i!ro Q~~ ~r~ . " " EXHIBIT 1 127 '. (S~-) ... ~j -... . '\- . .C'...,. \.. " ~ 1fIS~" f., ., ~. : . .:~ ~.~:'. ". ,#' .. , '/ll'''::i N IT"< MAP -"jO'-5i2A...E. MOn.: THE 7.00 ACRE TRAC~ IS HrlNG ADDED 10 TH( [XI~TIKG 16.91 ACRE PARCH OlI'HE.D 'BY VlIiGI~IA ASPHHT PAVING CO. IICC. .;- .. ,10 W ~ .. -0 . . tt , .., .:. ~ (,., "0 -.. -- '..) '(j -1 ~ -c 't. 0 .-' -.:' -") ....., ~ '\:. ~ '-:\ : ~-J j. ._ /1 ~ ~;,' . ~ o '.: U " ". 7-22-80 128 IN RE: PETITION OF BARRY M. FITZGERALD FOR REZONING FROM * INDUSTRIAL M-2 TO RESIDENTIAL ESTATES RE OF A PARCEL * OF LAND CONTAINING 4.13 ACRES AND LOCATED OFF STATE * APPROVED ROUTE 639 IN THE WABUN AREA OF ROANOKE COUNTY, SO THAT * A SINGLE FAMILY DWELLING MAY BE CONSTRUCTED THEREON: * CATAWBA MAGISTERIAL DISTRICT * No one appeared to represent or oppose this request. On motion I of Supervisor Myers and the following recorded vote, the request was approved. AYES: Supervisor Myers, Park, Matthews, and Terry. NAYS: None ABSENT: Supervisor Johnson IN RE: REZONING FOR 4.13 ACRE TRACT OF LAND LOCATED OFF STATE * FINAL ORDER ROUTE 11639, COUNTY OF ROANOKE, VIRGINIA * NOW, THEREFORE, BE IT ORDERED that the aforementioned tract of land, more particularly described below, be rezoned from Industrial District, M-2 to Residential Estates District, RE. BEGINNING at an iron at the southwest corner of the Paul Graybeal property; thence with the line of the N & W Railway, N. 7 deg. 39' E. 297.1 feet to a point; thence with the arc of a curve of one degree curvature, 310.3 feet to an iron; thence with three new division lines through the Paul Graybeal property, S. 31 deg. 45' E. 235.8 feet to an iron; thence S. 74 deg. 45' E. 190.3 feet to an iron; thence S. 26 deg. 45' E. 120.2 feet to a locust on the west side of the Virginian Railway; thence with the line of the same S. 24 deg. 15' W. 120 feet; thence S. 21 deg. 10' W. 228.5 feet to an iron; thence with the north line of the 2 acre tract excepted in Deed Book 327, page 122, N. 78 deg. 45' W. 337.8 feet to the BEGINNING. I BE IT FURTHER ORDERED that a copy of this order be transmitted to the County Planner and that he be and hereby is directed to reflect that change on the official zoning maps of the County. IN RE: PETITION OF DORIS J. PAYNE FOR REZON1NG FROM BUSJNESS * DISTRICT, B-1, TO BUSINESS DISTRICT B-2, OF A PARCEL * OF LAND CONTAINING LESS THAN .391 ACRE AND LOCATED ON * APPROVED OLD CAVE SPRING LANE IN THE WINDSOR HILLS MAGISTERIAL * DISTRICT. * No one appeared in support or opposition to this request. Tim I Gubala, County Planner, explained that this request has been before the Board previously but there was a discrepency as to use of the property, therefore, it was referred back to Planning until a specific use was decided. Planning Commission now recommends that request be approved with the following conditions: -.., 7-22-80 129 (1) Said tract shall not be used as any of the B-2 uses as set forth in Subsections 4, 5, 6, 7 and 8 of Section 21-67 of Roanoke County Code. (2) Not to be used as a new car dealership as set forth in Subsection 2 of Section 21-67 of Roanoke County Code. I The Board concurred with the recommendation by motion of Supervisor Park and the following recorded vote. Supervisors Myers, Park, Matthews and Terry. AYES: NAYS: None Supervisor Johnson ABSENT: * * * ,* * * * * * * * * * * * * * * * * * BEGINNING at a point on the westerly side of Old Cave Spring Road l'Ocated at an iron pin in the northeasterly corner of the captioned tract, thence with the line along the westerly side of Old Cave Spring Road S. 6 deg. 30' W. 75 feet to an iron pin; thence leaving the westerly side of Old Cave Spring Road and with the northerly boundary line of the property now or formerly owned by Benjamin H. Bohon, N. 89 deg. 56' W. 200 + or - feet to a point; thence leaving the now or formerly Benjamin H. Bohon property with the new line through the Doris J. Payne tract N. 6 deg. 30' E. 75 feet to a point on the northerly boundary line of the Doris J. Payne property; thence with the northerly boundary line of the Doris J. Payne property and the southerly boundary line of the property now or formerly owned by James T. Kesler and Ruth G. Kesler N. 89 deg. 57' E. 200 feet + or - to an iron pin, which is the place of beginning. IN RE: FINAL ORDER I NOW, THEREFORE, BE IT RESOLVED, that the above-mentioned tract of land, more particularly described above, be rezoned from Business District B-1 to Business District B-2, subject only to the nonuse of the tract as set forth in Subsections 4, 5,6, .7, and 8 or as a new car dealership as set forth in Subsection 2, all of which are a part of Section 21-67. Permitted uses. Article IX. B-2 Business District of the Roanoke County Code. BE IT FURTHER ORDERED that a copy of this Order be transmitted to the County Planner and that he be, and hereby is, directed to reflect I that change in the official zoning map of the county. IN RE: PETITION OF DR. JAMES O. ROBERSON AND DOROTHY S. ROBERSON AND LEISURE HILLS, INC., TO REZONE A PARCEL OF LAND CONTAINING l3.52-ACRES, LOCATED ON THE NORTH SIDE OF CRESTHILL DRIVE, FROM RESIDENTIAL DISTRICT R-l TO RESIDENTIAL DISTRICT R-3 TO PERMIT CONSTRUCTION OF SINGLE FAMILY ATTACHED RESIDENTIAL UNITS FOR SALE, IN THE WINDSOR HILLS MAGISTERIAL DISTRICT * * * * DENIED * * * r-- Edward Natt, Attorney,was present to support this request on behalf .....1 "...- 7-22-80 1. :3 C " " ,,' " of Dr. and Mrs. Roberson. He explained to the Board and citizens present, that plans call for 68 single family attached units to be built and sold, not rented. He presented a plat and architectural layout for the units and submitted a list of conditions which would be abided by. Chairman Terry asked for those opposed to the request to stand. I Approximately 250 citizens stood in opposition. Mr. Paul L. Bell, a resident of the adjoining subdivision, stated there were five citizens who would speak on behalf of those in opposition, namely: (1) Michael Phillips, 4212 Cordell Drive, spoke regarding the property values of single family homes in this subdivision and what effect the proposed units would have in regard to their property in relation to values. (2) Joe Proctor, 4438 Cresthill Drive, spoke regarding the traffic problems now being experienced and felt that these units would only intensify those problems due to increase in traffic for the area. He further stated that 3 children in the subdivision had been hit by cars and feared more children would be endangered. (3) Harry T. Harman, 2701 Hillbrook Drive, spoke regarding the accessibility and soil erosion problem of the area. He stated that some years ago a roadway was cut in the area which was in error and caused excessive amounts of mud and water to pour into his yard, but after being closed the problem ceased. But, if these units are allowed to be built as proposed, he felt the same problem would reoccur. I (4) Robert F. Russow, 4218 Hillbrook Circle, spoke regarding density and appearance of that area. Mr. Russow presented a mapped layout of the area and informed the Board of changes to the neighborhood in the last 10 years. There are now approximately 925 rental units in that area which has affected the appearance greatly. (5) Bill St. Clair, 3509 Hyde Park, spoke regarding the flooding and sewage problems which now exist in that area. Mr. St. Clair stated that if 68 additional units were built, that flooding from Mud Lick Creek would intensify the sewage problems for all residents. Mrs. Constance Reno stated that traffic in that area is especially difficult in the winter months and extreme traffic problems would arise if these units were built as proposed. Mr. Ken Miller stated that, in his opinion, 68 units could not be I built on the approximate 9 remaining acres after easements, parking area, etc., and would prefer that single family dwellings, as zoned, be built. Mr. Bell summarized the objections as presented on behalf of the citizens present. On motion of Supervisor Myers and the following recorded vote, the request was denied. - ~ - " 7-22-80 1. ~3 1 . AYES: Supervisors Myers, Park, Matthews and Terry. NAYS: None ABSENT: Supervisor Johnson I IN RE: ORDINANCE 2623 TO AMEND CHAPTER 21, ZONING SECTIONS 21-17 (a), and 21-31 (a) OF THE ROANOKE COUNTY CODE RELATING TO FRONTAGE AND WIDTH REGULATIONS IN DISTRICTS A-I, RE AND R-l. Tim Gubala, County Planner, informed the Board thar Landmark Properties has requested rezoning in districts A-I, RE and R-l to allow for 90' road frontage of lots. Therefore, it is desired that the Board concur with the recommendation of the Planning Commission to amend the Code as set forth above to allow approval of this request. ORDINANCE NO. 2623 TO AMEND CHAPTER 21, ZONING, SECTIONS 21-17 (a), 21-23 (a) AND 21-31 (a) RELATING TO AREA, FRONTAGE AND WIDTH REGULATIONS IN DISTRICTS A-I, RE AND R-l. BE IT ORDAINED by the Board of Supervisors of Roanoke County, I Virginia, as follows: 1. That Chapter 21, Zoning, Sections 21-17 (a), 21-23 (a) and 21- 31 (a) relating to area, frontage and width regulations in Districts A- 1, RE and R-l be repealed. 2. That there be, and there hereby is enacted a new section to be numbered 21-17 (a) to read and provide as follows: Section 21-17 (a). Each separate lot in an A-I District shall have a minimum frontage of ninety feet, a minimum width at the building setback line of one hundred feet, an average depth of not less than one hundred feet and a minimum area of fifteen thousand square feet except as follows: Where public sewer and water service is provided each separate lot shall have a minimum frontage of sixty feet, a minimum width at the building setback line of sixty feet, an average depth of not less than one hundred feet and a minimum area of seven thousand two hundred square feet. 3. That there be, and there hereby is enacted a new section I to be numbered 21-23 (a) to read and provide as follows: Section 21-23 (a). Each separate lot in an RE District shall have a minimum frontage of ninety feet, a minimum width at the building setback line of one hundred feet, an average depth of not less than one hundred feet and a minimum area of fifteen thousand square feet except as follows: Where public sewer and water service is provided each separate lot shall have a minimum frontage of sixty feet, a minimum width at the building setback line of sixty feet, an average depth of not less than one hundred feet, and a minimum area of seven thousand two hundred square feet. - ~ ~ 13? ~. ~ . . . . . h 4. That there be, and there hereby is enacted a new section to be numbered 21-31 (a) to read and provide as follows: Section 21-31 (a). Each separate lot in an R-l District shall have a minimum frontage of ninety feet, a minimum width at the building setback line of one hundred feet, an average depth of not less than one hundred feet and a minimum area of fifteen thousand square feet except as follows: Where public sewer and water service is provided, each separate lot shall have a minimum frontage of sixty feet, a minimum width at the building setback line of sixty feet, an average depth of not less than one hundred feet and a minimum area of seven thousand two hundred square feet. I This amendment to take effect on July 22, 1980 Adopted on motion of Supervisor Matthews and the following recorded vote. AYES: Supervisors Myers, Park, Matthews and Terry. NAYS: None ABSENT: Supervisor Johnson IN RE: HIGHWAY SAFETY GRANTS RESOLUTION NO. 2624 APPROVING THE SUBMISSION OF CERTAIN GRANT APPLICATIONS BY THE ROANOKE COUNTY SHERIFF'S DEPARTMENT, ROANOKE COUNTY EMERGENCY SERVICES, ROANOKE COUNTY PUBLIC SCHOOLS AND ROANOKE COUNTY ENGINEERING DEPARTMENT HEREINAFTER SET FORTH TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SAFETY FOR HIGHWAY SAFETY FUNDS AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE NECESSARY CONTRACTS FOR THESE GRANT APPLICATIONS. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the grant applications submitted by the Roanoke County Sheriff's Department, Roanoke County Emergency Services, Roanoke County Public Schools and Roanoke County Engineering Department hereinafter set forth to the Virgini Department of Transportation Safety for highway safety funds for the following projects be, and the same are hereby APPROVED: (a) Motorcycle Safety - to provide beginning motorcycle operators a chance to learn important safety precautions that must be taken before operating a motorcycle as well as the correct way of riding a motorcycle. I (b) Traffic Engineering Services - to provide funds for bringing existing and future traffic signs up to Federal standards. (c) Traffic Records - to establish a system to increase traffic enforcement efficiency and help to pin-point high incident areas of traffic crashes and other traffic law violations by using on-line data processing records of these occurrences. (d) Alcohol in Relation to Highway Safety - to provide specialized ---- ~ I I I 7-22-80 133 c enforcement for the apprehension of drivers operating under the influence of alcohol during high accident times and projected high incident times. (e) Police Traffic Services - to provide the uniformed traffic enforcement officer the ability to implement selective enforcement projects. (f) Emergency Medical Services - to provide a portable generator needed to provide emergency power for accident scene lighting and operation of power tools. (g) Emergency Medical Services - to provide a Federally approved ambulance unit equipped with advanced life support radios and equipment to provide increased care capabilities for .accident victims in areas remote from hospitals. (h) Emergency Medical Services - to purchase two (2) Black Hawk, 10-ton Porta-Power jack sets for existing vehicles to meet Federal standards for extrication tools. (i) Emergency Medical Services - a four-wheel drive ambulance unit is needed to provide emergency medical and transportation services to victims of transportation accidents in remote mountainous sections of Roanoke County. (j) Emergency Medical Services - to provide fifty trained and properly qualified EMS volunteers with individaully carried radio alert pagers to assure a manpower force to handle transportation accidents and provide life saving services County-wide. 2. That the Chairman of the Board of Supervisors be, and he is hereby authorized to execute the necessary contracts for these grant applications; and 3. That the Clerk of the Board of Supervisors be, and he is hereby directed to mail attested copies of this resolution to the Virginia Department of Transportation Safety. Approved on motion of Supervisor Park and the following recorded vote. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None ABSENT: Supervisor Johnson IN RE: COMMUNICATIONS AND PETITIONS DEPARTMENT OF HIGHWAYS AND TRANSPORTATION RE: WILLINGNESS TO HOLD A COMBINED LOCATION & DESIGN PUBLIC HEARING CONCERNING PROPOSED CONSTRUCTION OF A BRIDGE AND NECESSARY APPROACHES OVER BACK CREEK, ON ROUTE 676 LOCATED IN THE SOUTHEAST CORNER OF THE COUNTY BETWEEN ROUTES 220 AND 615. On motion of Supervisor Park and a unanimous voice vote, the communication from the Department of Highways and Transportation was received in file. ~ "'" 7-22-80 1.34 , " '" IN RE: REQUEST OF THOMAS BROS., INC. FOR A "SPECIAL USE PERMIT" * TO FILL A LARGE HOLLOW USING BRUSH NOT MORE THAN 10' * IN LENGTH, THEN COVERED WITH DIRT AND SEEDED, ON APPROX- * APPROVED lMATELY 2 to 3 ACRES OF LAND ADJACENT TO 3453 CHAPARRAL * DRIVE IN THE CAVE SPRING DISTRICT. * Gene Robertson, County Engineer, stated he had viewed the site I proposed and he would like to have conditions for approval of this request sin e no building could be constructed using this type fill. On motion of Supervisor Myers and the following recorded vote, the request was approved with conditions specified. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None ABSENT: Supervisor Johnson IN RE: CITIZENS OF NORTH BEVERLY HEIGHTS ASKING SUPPORT OF BOARD IN THEIR EFFORTS TO PETITION APPALACHIAN POWER COMPANY FOR DAMAGES DURING THE POWER OUTAGE FROM JULY 8TH THROUGH JULY 11TH. Mr. Richard Freeman spoke on behalf of citizens of North Beverly Heights and read aloud a request petitioned (filed with the minutes of this I meeting) and asked if the Board as a whole, could investigate the problem of lengthy and frequent power outages for that neighborhood. He cited incidences whereby residents had suffered substantial losses due to these outages and that they were usually the last to get power after such outages. James Buchholtz, County Attorney, stated in what context the County could act in this situation. He informed the Board that basically, the matter of loss is a private matter between the citizens and Appalachian and that the County cannot interfere in that respect. However, the Board can direct the County Administrator to contact Appalachian and ask them to make a thorough investigation for that area to find out if inadequate equipment is being used or not maintained properly and if so, the power company could be required to respond in court to the request for damages. Peggy Freeman stated that, in her opinion, that area is being I discriminated against because at one time it was a low income area. Chairman Terry suggested that William Clark, County Administrator, contact Mr. Webster at Appalachian Power Company and set up a meeting to discuss this problem. - Supervisor Myers stated his desire that the Freeman's be included in the meeting. ~ -.., 7-22-80 I' ~,~} ;r.'- :Y ~,) . --:- Supervisor Myers moved that Administrator Clark contact Mr. Webster to set up the meeting and inform Mr. and Mrs. Freeman of the time of meeting so they may be present; adopted by the following recorded vote. I AYES: Supervisors Myers, Park, Matthews and Terry. NAYS: None ABSENT: Supervisor Johnson IN RE: REPORTS OF DEPARTMENTS, OFFICERS AND COMMITTEES COUNTY ADMINISTRATOR Report--Fort Lewis Public Safety Building RESOLUTION NO. 2625 ACCEPTING A CERTAIN PROPOSAL MADE TO THE COUNTY OF ROANOKE TO PROVIDE CERTAIN ARCHITECTURAL AND ENGINEERING SERVICES IN RELATION TO THE FORT LEWIS PUBLIC SAFETY BUILDING UPON CERTAIN TERMS AND CONDITIONS. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: I (1) That the County Administrator be, and he hereby is, authorized to accept that certain proposal of VVKR, Inc. to provide certain architectural and engineering services in relation to the Fort Lewis public safety building upon the terms and conditions set forth in a proposal dated May 28, 1980, submitted by VVKR, Inc., a copy of which is on file in the office of the Clerk of the Board of Supervisors; and (2) That the County Administrator be, and he hereby is, authorized and directed to enter into contract with VVKR, Inc., the same to embody all the terms, conditions, and provisions of the aforesaid proposal dated May 28, 1980, and to be otherwise upon form approved by the County Attorney. Adopted on motion of Supervisor Myers and the following recorded I vote. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None ABSENT: Supervisor Johnson ~ 7-22-80 136 Supervisor Myers also moved that the proposed Hollins station be located on the northwest corner of the tract purchased at Barrens Road and Peters Creek Road, which motion was unanimously approved. Supervisor Myers asked the County Attorney to meet with authorities I of McVitty Homes, Inc. to draw a contract regarding sale of the dog pound and existing fire station properties in west Salem and report back to the Board on same. IN RE: DEPARTMENTAL ACTIVITIES REPORT FOR JUNE Administrator Clark submitted the Activities report on each department which was received in file. IN RE: REFERRALS TO PLANNING COMMISSION The following petitions were referred to the Planning Commission by Administrator Clark. Report was received in file. (1) Petition of H. Robert Mundy and Joseph C. Thomas requesting rezoning from B-1 to B-2 of 1.0184 acre on the east side of Old Cave Spring Road (about 600 feet north of its southerly intersection with Route 221) in Windsor Hills Magisterial District. Rezoning is requested to allow construction of a building to house an art gallery, framing studio, and another woodcraft function (unspecified in petition). I (2) Petition of Anthony A. and Mary E. Dooley requesting rezoning from RE to M-l of the rear portion of an 0.75-acre tract on the west side of Route 913, about a quarter mile north from Texas Hollow Road (Route 641) in Catawba Magisterial District. Rezoning is requested to allow operation of a paint and body shop on the tract with an existing dwelling. IN RE: REQUEST TO WAIVE COUNTY WATER ORDINANCE (FORT LEWIS INDUSTRIAL PARK) John Hubbard, Director of Engineering for the Utility Department, stated that he has a request from Joe Thomas to waive water Ordinance for that area so that he may connect with the City of Salem. Staff recommended I approval since we have no water hookups in that area. RESOLUTION NO. 2626 WAIVING CERTAIN REQUIREMENTS OF THE ROANOKE COUNTY WATER ORDIANCE IN REGARD TO CERTAIN PROPERTY. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board hereby waives the requirements of the Roanoke ~ ,., 7-22-80 1 ii~ f'''J It'U , County Water Ordinance contained in Section 20.1-5 of the Roanoke County Code as they pertain only to the right to provide service in regard to the Fort Lewis Industrial Park containing approximately 11 acres situate, I lying and being on the south side of Route 460 approximately .25 mile from the Fort Lewis Fire Station, this waiver being based upon a demonstration by the property owner that strict compliance with the provisions of the above section of the Water Ordinance would impose an undue hardship and burden upon the property owner, the construction standards set forth in said Ordinance do, however, remain in full force and effect; and 2. That this Board shall authorize no further waiver unless and until it has been demonstrated to this Board that the failure to grant such waiver shall create an undue hardship upon the property owners. Adopted on motion of Supervisor Matthews and the following recorded vote. AYES: Supervisors Myers, Park, Matthews, and Terry. NAYS: None I ABSENT: Supervisor Johnson IN RE: REPORT--PENN FOREST BOULEVARD SEWER AND WATER PROJECT RESOLUTION NO. 2627 APPROVING CHANGE ORDER NO. 1 TO THE COUNTY'S CONTRACT WITH J. P. TURNER & BROTHERS, INC. FOR THE CONSTRUCTION OF THE PENN FOREST BOULEVARD SEWER AND WATER PROJECT FOR ROANOKE COUNTY AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE SUCH CHANGE ORDER ON BEHALF OF THE COUNTY OF ROANOKE. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Change Order No.1 to the County's contract with J. P. Turner & Brothers, Inc. for the construction of Penn Forest Boulevard sewer and water project be, and it is hereby approved as herein set I forth in the following words and figures, to-wit: Items 1, 2, and 6 Add $ 2,108.00 Items 3, 4, and 5 Add 1,241. 00 Total $ 3,349.00 2. That the contract's scheduled completion date is hereby extended twenty-one (21) calendar days to October 27, 1980. 3. That the County Administrator be, and he hereby is authorized - and directed to execute Change Order No. 1 on behalf of the County of ~ "'"' 7-22-80 138 . . . .. Roanoke upon a form approved by the County Attorney. Adopted on motion of Supervisor Park and the following recorded vote. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None I ABSENT: Supervisor Johnson IN RE: APPROPRIATION RESOLUTION NO. 2628 FOR RELOCATING PENN FOREST BOULEVARD WATER LINE DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Object: Expenditures Water Bond Utility Penn Forest Blvd. - Water 47-6-62011-00000 $ 3,349.00 Department: Object: Contingent Balance Unappropriated Balance 47-6-99999-99999 $(3,349.00) Adopted on motion of Supervisor Park and the following recorded vote. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None I ABSENT: Supervisor Johnson IN RE: SEMINAR Administrator Clark submitted a letter, at Mrs. Johnson's request, whereby Loudon County has asked if Roanoke County would support a seminar regarding press relations with local governments of Virginia. The support of this seminar would not entail any expenses by the County other than for those representatives which might attend. Supervisor Myers moved that the letter be received and filed, which was adopted by unanimous voice vote. IN RE: PURCHASE OF THREE 100 KW DIESEL GENERATORS FROM FEDERAL PROPERTY AGENCY I Administrator Clark stated that from time to time the County has needed access to generators during power outages and the County can now purchase three 100 KW generators, 150 HP Worthington Diesel Engines for $1,200.00 each from Federal Surplus property. On motion of Supervisor Matthews and the following recorded vote, - the Board concurred with recommendation for purchase. ~ 7-22-80 139 ,.1 AYES: Supervisors Myers, Park, Matthews, and Terry. NAYS: None ABSENT: Supervisor Johnson I IN RE: COUNTY ATTORNEY County Attorney James Buchholtz officially introduced the Assistant County Attorney Bruce E. Mayer, to the Board and press. IN RE: DIRECTOR OF FINANCE Report--Official Statement for sale of $8.5 million Public Improvement Bonds. John Chambliss, Director of Finance, explained the purpose of sale of $8.5 million Public Improvement Bonds on August 5, 1980. $2.9 million is for the purpose of construction of the new jail, $2 million for financing sewer facilities, $1.6 million for financing water facilities, and $2 million for financing the construction of fire stations within the County. The I final proof copy of the Official Statement with minor editoral corrections, will become the Official Statement for the County. RESOLUTION NO. 2629 AUTHORIZING THE ISSUANCE OF $8,500,000 PUBLIC IMPROVEMENT BONDS OF ROANOKE COUNTY, VIRGINIA, AND PRESCRIBING THE DETAILS AND PROVIDING FOR THE SALE OF SAID BONDS. WHEREAS, a majority of the qualified voters of Roanoke County voting at an election duly held on November 5, 1974 were in favor of the contracting of debt and the issuance of bonds of said County of the aggregate principal amount of $6,100,000 to finance the cost of water facilities and an order was duly entered on December 30, 1974, in the Circuit Court of said County authorizing the Board of Supervisors of said County to proceed and to carry out the wishes of the voters of said County; and I WHEREAS, a majority of the qualified voters of Roanoke County voting at an election duly held on November 5, 1974 were in favor of the contracting of debt and the issuance of bonds of said County of the aggregate principal amount of $8,700,000 to finance the cost of sanitary sewer facilities and an order was duly entered on December 30, 1974, in the Circuit Court of said County authorizing the Board of Supervisors of ~ 7-22-80 140 .. . said County to proceed and to carry out the wishes of the voters of said County; and WHEREAS, a majority of the qualified voters of Roanoke County voting at an election duly held on November 8, 1977 were in favor of the contracting of debt and the issuance of bonds of said County of the aggregate principal amount of $2,900,000 to finance jail facilities, and an order was duly entered on January 31, 1978, in the Circuit Court of said County authorizing the Board of Supervisors of said County to proceed and to carry out the wishes of the voters of said County; and I WHEREAS, a majority of the qualified voters of Roanoke County voting at an election duly held on May 6, 1980, were in favor of the con- tracting of debt and the issuance of bonds of said County of the aggregate principal amount of $2,000,000 to finance fire station facilities, and an order was duly entered on June 5, 1980, in the Circuit Court of said County authorizing the Board of Supervisors of said County to proceed and to carry out the wishes of the voters of said County; and I WHEREAS, by a resolution adopted by the Board of Supervisors on September 9, 1975 the Board has authorized the issuance of $8,700,000 Sanitary Sewer Bonds and $6,100,000 Water Bonds of Roanoke County, Virginia, and pursuant to such authorization there have been issued $4,500,000 Water Bonds of Roanoke County, Virginia, dated March 1, 1977; and WHEREAS, by a resolution adopted by the Board of Supervisors on January 22, 1980 the Board has authorized the issuance of $2,900,000 Jail Bonds of Roanoke County, Virginia; and WHEREAS, the Board of Supervisors desires to provide at this time for the issuance of $2,000,000 of bonds pursuant to the proposition approved on November 5, 1974 for the purpose of financing sanitary sewer improvements; $1,600,000 of bonds pursuant to a proposition approved on November 5, 1974 for the purpose of financing water improvements; $2,900,000 of bonds pursuant to a proposition approved on November 8, 1977 for the purpose of financing jail facilities; and $2,000,000 of bonds pursuant to the propositior approved on May 6, 1980 for the purpose of financing fire station facilities; to consolidate said bonds into a single issue to be designated "Public I ----- ~ 7-22-80 141 .. I Improvement Bonds"; and to further prescribe the form of said bonds and details of said consolidated issue; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, as follows: (1) Roanoke County shall issue its bonds of the aggregate principal amount of $2,000,000 pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) and in accordance with the sanitary sewer bond proposition approving the issuance of said bonds adopted by a majority of the qualified voters of said County voting at an election held on November 5, 1974. The moneys raised by the issuance of said bonds shall be used to finance the cost of sanitary sewer facilities. I (2) Roanoke County shall issue its bonds of the aggregate principal amount of $1,600,000 pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) and in accordance with the water bond proposition approving the issuance of said bonds adopted by a majority of the qualified voters of said County voting at an election held on November 5, 1974. The moneys raised by the issuance of said bonds shall be used to finance the cost of water facilities. (3) Roanoke County shall issue its bonds of the aggregate principal amount of $2,900,000 pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) and in accordance with the proposition approving the issuance of said bonds adopted by a majority of the qualified voters of said County voting at an election held on November 8, 1977. The moneys raised by the issuance of said bonds shall be used to finance the cost of jail facilities. I (4) Roanoke County shall issue its bonds of the aggregate principal amount of $2,000,000 pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) and in accordance with the proposition approving the issuance of said bonds adopted by a majority of the qualified voters of said County voting at an election held on May 6, 1980. The moneys raised by the issuance ~ ~ ~ 7-22-80 14 2 ... . . . . of said bonds shall be used to finance the cost of fire station facilities. (5) Said Bonds shall be issued as a consolidated issue and each of said bonds shall be designated "Public Improvement Bonds", shall be September 1 in years and amounts as follows: $250,000 in the year 1981; I dated September 1, 1980 and shall be payable in annual installment on $350,000 in each of the years 1982 to 1984, inclusive; $375,000 in each of the years 1985 to 1987, inclusive; $400,000 in each of the years 1988 to 1990, inclusive; $425,000 in each of the years 1991 and 1992; $450,000 in the year 1993; $475,000 in each of the years 1994 and 1995; $500,000 in each of the years 1996 and 1997; $525,000 in the year 1998; and $550,000 in each of the years 1999 and 2000. (6) Interest on said bonds shall be payable semi-annually on March 1 and September 1. Said bonds shall be coupon bonds payable to bearer without privilege of registration and shall consist of one thousand seven hundred bonds of the denomination of $5,000 each, numbered from 1 to 1,700, inclusive, in the order of their maturity. I (7) The bonds maturing on and after September 1, 1991, shall be subject to redemption at the option of the County prior to their stated maturities, upon at least thirty (30) days' prior published notice in a financial newspaper published in the Borough of Manhattan, City and State of New York, at any time on or after September 1, 1990, in whole or in part from time to time in such order as may be determined by the County (except that if at any time less than all of the bonds of a maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot), upon payment of the principal amount of the bonds to be redeemed together with interest accrued thereon to the date fixed for redemption, plus a premium of one-quarter (1/4) of one percent (1%) of the I principal amount of each bond to be redeemed for each six (6) month period or fraction thereof from and excluding the date fixed for redemption to and including the stated maturity date of such bond, such premium in any event not to exceed two and one-half percent (2 1/2%) of such principal amount. - ~ 7-22-80 1 4 :~ (8) Both principal of and interest on the bonds shall be payable at the principal office of the United Virginia Bank in Richmond, Virginia, or, at the option of the holder, at the principal office of Bankers Trust I Company, in the Borough of Manhattan, City, and State of New York, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Said bonds shall bear the facsimile signature of the Chairman of the Board of Supervisors of Roanoke County and shall be signed by the County Treasurer and attested by the Clerk of the Board of Supervisors and a facsimile of the official seal of said Board shall be imprinted upon said bonds. The interest coupons to be attached thereto shall be authenticated with the facsimile signatures of said Chairman and County Treasurer. (9) Said bonds and the interest coupons representing the interest payable thereon shall be in substantially the following form: NO. $5,000 I UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ROANOKE COUNTY PUBLIC IMPROVEMENT BOND ROANOKE COUNTY (hereinafter referred to as "County"), a county of the Commonwealth of Virginia, hereby acknowledges itself indebted and for value received promises to pay to the bearer of this bond the sum of FIVE THOUSAND DOLLARS ($5,000) on September 1, , and to pay interest thereon from the date of this bond until it shall mature at the rate of per centum (____%) per annum, I payable on March 1 and September 1 in each year, upon presentation and surrender of the coupons therefor attached hereto, as they severally mature. Both principal and interest on this bond are payable at the principal office of the United Virginia Bank in Richmond, Virginia, or, at the option of the holder, at the principal office of Bankers Trust Company, in the Borough of Manhattan, City and State of New York, in any coin or currency of the United States of America which at the time of payment is legal tender for ---I ~ ~ 7-22-80 144 the payment of public and private debts. This bond is one of an issue of bonds of like date and tenor, except as to maturity, rate of interest and number, issued pursuant to the provisions of the Public Finance Act (Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended) to finance the cost of sanitary sewer, water, jail and fire station facilities. The contracting of the debt evidenced I by this bond and the issuance of this bond were approved by a majority of the qualified voters of the County voting at elections duly held on November 5, 1974, November 8, 1977 and May 6, 1980. The bonds maturing on and after September 1, 1991, shall be subject to redemption at the option of the County prior to their stated maturities, upon at least thirty (30) days' prior published notice in a financial newspaper published in the Borough of Manhattan, City and State of New York, at any time on or after September 1, 1990, in whole or in part from time to time in such order as may be determined by the County (except that if at any time less than all of the bonds of a maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot), upon payment of the principal amount of the bonds to be redeemed together with the interest accrued thereon to the date fixed for redemption, plus a premium of one-quarter (1/4) of one percent (1%) of the principal amount of each bond to be redeemed for each six (6) month period or fraction thereof from and excluding the date fixed for redemption to and including the stated maturity date of such bond, such premium in any event not to exceed two and one-half percent (2 1/2%) of such principal amount. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the Commonwealth of Virginia to exist, be performed or happen precedent to or in the issuance of this bond, exist, have been performed or have happened, and that the amount of this bond together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution or statutes of said Commonwealth. The faith and credit of the County are hereby pledged to the payment of the principal of and interest on this bond in accordance with its terms. ----- ~ .. I I I --, 7-22-80 145 I I I . IN WITNESS WHEREOF, the Board of Supervisors of Roanoke County has caused this bond to be signed by a facsimile of the signature of its Chairman, the manual signature of its County Treasurer and a facsimile of the official seal of the Board to be imprinted hereon attested by the Clerk of the Board of Supervisors, and the interest coupons hereto annexed to be authenticated with the facsimile signatures of said Chairman and County Treasurer and this bond to be dated September 1, 1980. (SEAL) Chairman, Board of Supervisors of Roanoke County Attest: Clerk, Board of Supervisors of Roanoke County County Treasurer (Form of Coupon) No. No. On the 1st day of March/September, , ROANOKE COUNTY, a county of the Commonwealth of Virginia, will pay to bearer DOLLARS ($ ) at the principal office of the United Virginia Bank in Richmond, Virginia, or, at the option of the holder, at the principal office of the Bankers Trust Company, in the Borough of Manhattan, City and State of New York in any coin or currency of the United States of America which is then legal tender for the payment of public and private debts, being the interest then due on its Public Improvement Bond, dated September 1, 1980, No. Chairman, Board of Supervisors of Roanoke County County Treasurer ~ r 7-22-80 14 6 " " (10) The Chairman and Clerk of the Board of Supervisors and County Treasurer of Roanoke County are hereby authorized and directed to cause said bonds to be prepared and to cause said bonds to be executed in accordance with their terms. (11) For the payment of the principal of and the interest on I the bonds authorized by this resolution as the same shall become due, the full faith and credit of Roanoke County are hereby irrevocable pledged, and each year while any of said bonds shall be outstanding there shall be levied and collected in accordance with law and to the extent required an annual ad valorem tax upon all taxable property in said County subject to local taxation sufficient in amount to provide for the payment of the principal of and the interest on said bonds as such principal and interest shall become due, which tax shall be in addition to all other taxes authorized to be levied in said County. (12) The Director of Finance of the County is hereby authorized and directed to cause notice of sale substantially in the following form to I be published once in the Daily Bond Buyer, a financial journal published in New York City, New York, at least ten (10) days prior to such sale: NOTICE OF SALE $8,500,000 ROANOKE COUNTY, VIRGINIA PUBLIC IMPROVEMENT BONDS (General Obligation) (Callable) Sealed bids will be received for and on behalf of the Board of Supervisors of Roanoke County, Virginia, by William F. Clark, County Administrator, County Administrative Offices, Conference Room, 430 E. Clay Street, Salem, Virginia, 24153, until 11:00 A.M., Eastern Daylight Time, August 5, 1980 I such bids to be publicly opened and read by the County Administrator at such time and place on said day for $8,500,000 Public Improvement Bonds of Roanoke County, Virginia. The bonds are dated September 1, 1980, and are payable in annual installments on September 1 in years and amounts as follows: $250,000 in the year 1981; $350,000 in each of the years 1982 to 1984, inclusive; ~ ~ 7-22-80 147 . . I $375,000 in each of the years 1985 to 1987, inclusive; $400,000 in each of the years 1988 to 1990, inclusive; $425,000 in each of the years 1991 and 1992; $450,000 in the year 1993; $475,000 in the each of the years 1994 and 1995; $500,000 in each of the years 1996 and 1997; $525,000 in the year 1998; $550,000 in each of the years 1999 and 2000. Interest on the bonds is payable semi-annually on March 1 and September 1. The bonds will be of the denomination of $5,000 each. The bonds are coupon bonds without privilege of registration and are payable at United Virginia Bank in Richmond, Virginia, or, at the option of the holder, at the principal office of Bankers Trust Company, in the Borough of Manhattan, City and State of New York. I The bonds maturing on and after September 1, 1991, shall be subject to redemption at the option of the County prior to their stated maturities, upon at least thirty (30) days' prior published notice, at any time on or after September 1, 1990, in whole or in part from time to time in such order as may be determined by the County (except that if at any time less than all of the bonds of a maturity are called for redemption, the particular bonds of such maturity to be redeemed shall be selected by lot), upon payment of the principal amount of the bonds to be redeemed together with the interest accrued thereon to the date fixed for redemption, plus a premium of one-quarter (1/4) of one percent (1%) of the principal amount of each bond to be redeemed for each six (6) month period or fraction thereof from and excluding the date fixed for redemption to and including the stated maturity date of such bond, such premium in any event not to exceed two and one-half percent (2 1/2%) of such principal amount. I The bonds are authorized by referenda held in the County on November 5, 1974, November 8, 1977 and May 6, 1980 for the purposes and in amounts as follows: $2,000,000 for the purpose of financing the cost of sewer facilities to be a part of the countYWide sewer collection and treatment system including the acquisition of sewer facilities owned by the Roanoke County Public Service Authority; $1,600,000 for the purpose of financing the cost of water facilities to be a part of the countywide ~ r 7-22-80 148 . water supply and distribution system; $2,900,000 for the purpose of financing the cost of constructing a jail facility for the County of Roanoke; and $2,000,000 for the purpose of financing the cost of constructing fire stations within the County of Roanoke. I Bidders shall specify the rate or rates of interest per annum which the bonds shall bear, such rate or rates to be expressed in multiples of one-eighth (1/8) or one-twentieth (1/20) of one percent (1%). Bidders are not limited as to the number of rates which may be named, but the rate of interest on the bonds of each separate maturity must be the same single rate for all bonds of that maturity from the date of the bonds to such maturity date. The difference between the highest and lowest interest rates specified in any bid shall not exceed two percent (2%). Each interest installment on the bonds shall be represented by one coupon only. A bid for the purchase of less than the entire bond issue, or a bid at a price less than par, or which specifies additional or supplemental coupons or the cancellation of coupons, will not be considered. In addition to the price bid for the bonds, the successful bidder must pay accrued interest from the date of the bonds to the date of payment in full of the purchase price thereof. The bonds will be awarded to the bidder or bidders offering to purchase the bonds at the lowest net interest cost to the County, such interest cost to be determined by computing the total interest payable on the bonds from their date to their respective maturities and deducting therefrom the premium bid, if any. The right is reserved to reject any and all bids or to waive any irregularities or informalities in any bid. I All bids must be unconditional and must be accompanied by an official bank check, a certified check or a cashier's check for $170,000, payable to the order of Roanoke County, Virginia, to secure the County against any loss resulting from a failure of the bidder to comply with the terms of his bid. The check or checks of the bidder whose proposal is accepted will be deposited by the County and credited to the purchase price and the purchaser will be allowed no interest with respect thereto. Award or rejection of bids will be made on the date above stated for receipt of bids and the checks of unsuccessful bidders will be returned immediately. I ~- ~ 7-22-80 149 .. I The County will furnish without cost to the purchaser, at the time the bonds are delivered (1) the approving opinion of Messrs. LeBoeuf, Lamb, Leiby & MacRae (Reed, McCarthy & Giordano), Attorneys of New York City, that the bonds are valid and legally binding general obligations of the County and the County is authorized and required to levy and collect ad valorem taxes levied upon all real property taxable within the County for the payment of the bonds and the interest thereon, (2) certificates in form satisfactory to said Attorneys evidencing the proper execution and delivery of the bonds and receipt of payment therefor, and (3) a certificate, dated as of the date of delivery of the bonds, and signed by the officers who signed the bonds, stating that no litigation is then pending or, to the knowledge of such officers, threatened to restrain or enjoin the issuance or delivery of the bonds or otherwise relating to the bonds and (4) certificate relating to the Official Statement executed by the Chairman of the Board of Supervisors, the County Administrator, the County Treasurer and the Director of Finance. I The bonds are general obligations of Roanoke County secured by a pledge of its full faith and credit. Holders of the bonds are further protected by Section 15.1-225 of the Code of Virginia, 1950, as amended, which provides, inter alia, that, if it be established to the satisfaction of the Governor, upon submission of petitions and following a summary investigation, that the County is and has been in default for at least sixty days in the payment of the principal of and interest on the bonds, then the Governor shall (1) make an order directing the Comptroller to withhold on and after sixty days from the issuance of such order all further payment to the County of all funds or of any part thereof appropriated and payable by the Commonwealth to the County for any and all purposes until such default shall be paid and (2) after public notice and while such default continues, direct the payment of all sums so withheld or so much thereof as shall be necessary, to the holders of the bonds in default so as to cover, or cover insofar as possible, the default as to such bonds or interest thereon. I It is anticipated that CUSIP identification numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor ~ ~ 7-22-80 \50 . . any error with respect thereto shall constitute cause for failure or refusal by the purchaser thereof to accept delivery of or pay for the bonds in accordance with the terms of the purchase contract. All expenses in relation to the printing of CUSIP numbers of said bonds, including the CUSIP Service I Bureau charge for the assignment of said numbers, shall be paid for by Roanoke County. The bonds will be delivered to the purchaser on September 4, 1980 or as soon thereafter as the bonds are ready for delivery upon payment therefor in FEDERAL RESERVE FUNDS. The bonds will be delivered at the Signature Company, New York City, New York, or at such other place as the County and the successful bidder shall agree upon. Bids must be enclosed in a sealed envelope marked "Bid for Roanoke County Public Improvement Bonds" and should be addressed to the Board of Supervisors of Roanoke County, c/o William F. Clark, County Administrator, County Administrative Offices, Conference Room, 430 E. Clay Street, Salem, I Virginia 24153. The Board of Supervisors of Roanoke County will be in session at 11:15 A.M., Eastern Daylight Time, on the date of the sale for the purpose of taking prompt action in connection with the bids. Copies of the Official Statement relating to the issuance of the Bonds, the Notice of Sale and the official Bid Forms may be obtained from the undersigned at the address shown below, or from Horner, Barksdale & Co., P. O. Box 200, Lynchburg, Virginia 24505, Telephone 804-846-2711. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA WILLIAM F. CLARK County Administrator County Administrative Offices, Conference Room 430 E. Clay Street Salem, Virginia 24153 I Dated ~ ~ 7-22-80 15 1 (13) The Clerk of the Board of Supervisors of Roanoke County is hereby authorized and directed to file a certified copy of this resolution with the Circuit Court of Roanoke County. I Adopted on motion of Supervisor Robert E. Myers and the following recorded vote. AYES: Supervisors Myers, Park, Matthews and Terry. NAYS: None ABSENT: Supervisor Johnson s/ William F. Clark William F. Clark, Clerk Board of Supervisors IN RE: LIBRARY DIRECTOR George Garretson, Library Director, informed the Board that a total of $95,545 will be received by the Library from State and Federal aid funds I although the Library had anticipated a total of $62,000. Therefore, he asked that the Board approve the additional amount of $33,545 to be used by the library system. APPROPRIATION RESOLUTION NO. 2630 DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Object: Expenditures General Operating Libraries Library Books 03-6-07300-54113 $33,545.00 Class: Fund: Ojbect: Revenues General Operating Library Grant 03-5-24040-90000 $33,545.00 Adopted by the following recorded vote. I AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None ABSENT: Supervisor Johnson - ~ ~ 7-22-80 152 ~ , IN RE: BID COMMITTEE RESOLUTION NO. 2631 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR FENCING OF WALROND PARK TENNIS COURTS. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Powers Fence Company of Roanoke, Virginia, in the amount of $15,896.00 for fencing of the Walrond Park Tennis Courts, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, Virginia, the bidder's proposal and the provisions of this resolution, be, and the same hereby is ACCEPTED; and 2. That the County Administrator be, and he is hereby authorized and directed to enter into contract with Powers Fence Company of Roanoke, i Virginia, for said fencing; and I 3. That all other bids for said fencing are hereby REJECTED and the County Administrator is directed to so notify such bidders and express the County's appreciation for such bids. Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Park, Matthews, and Terry NAYS: None ABSENT: Supervisor Johnson IN RE: RESOLUTION NO. 2632 ACCEPTING A CERTAIN BID MADE TO THE COUNTY OF ROANOKE FOR FORTY-TWO REVOLVERS AND HOLSTERS TO BE USED BY THE SHERIFF'S DEPARTMENT. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain bid of Hub Uniform Company of Virginia, Inc. of Richmond, Virginia, in the amount of $4,137.00 for forty-two revolvers and holsters to be used by correctional officers in the Sheriff's Department, upon all and singular the terms and conditions of the invitation to bid, the specifications of the County of Roanoke, the bidder's proposal and the provisions of this resolution, be and the same is hereby ACCEPTED; and 2. That the County Administrator be, and he is hereby authorized ~ ~ I I I 7-22-80 Ifj :ll . and directed to enter into contract with Hub Uniform Company of Virginia, Inc. of Richmond, Virginia, for the purchase of said forty-two revolvers and holsters; and I 3. That all other bids for the purchase of said revolvers and holsters are hereby REJECTED and the County Administrator is directed to so notify such bidders and express the County's appreciation for such bids. Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None ABSENT: Supervisor Johnson IN RE: ELECTORAL BOARD Request for Additional Personnel during 1980 Presidential Election Leonard Pick, Secretary, Electoral Board, informed the Board of a need to hire an additional person for six-months to work with the Registrar I due to the extra work load during a presidential election year. After some discussion the Board concurred to hire additional help for six-months at grade 2l-A. APPROPRIATION RESOLUTION NO. 2633 DESCRIPTION ACCOUNT NUMBER INCREASE (DECREASE) Class: Fund: Department: Objective: Expenditures General Operating Elections Part-time help 03-6-01300-10030 $ 3,858.00 Department: Objective: Contingent Balance Unappropriated Balance 03-6-99999-99999 $ (3,858.00) Adopted on motion of Supervisor Park and the following recorded vote. AYES: Supervisors Myers, Park, Matthews and Terry NAYS: None I ABSENT: Supervisor Johnson IN RE: SCHOOL TRUSTEE ELECTORAL BOARD Administrator Clark advised the Board that an advertisement was placed in the Roanoke Times for the vacancy of Hollins District seat on the Roanoke County School Board and it would be necessary to appropriate funds r-- ~ 154 7-22-80 to pay for the advertisement. DESCRIPTION Class: Fund: Department: Object: Department: Object: Fund: Department: Object: Class: Source: APPROPRIATION RESOLUTION NO. 2634 Expenditures General Operating Transfer to Schools Transfer to Schools INCREASE ACCOUNT NUMBER (DECREASE) I 03-6-09301-90017 $270 03-6-99999-99999 ($270) Contingent Balance Unappropriated Balance School Operating Schools Administration l7-6-l7AOO-00000 $270 Revenues Local Appropriation l7-5-l7020-31DOO $270 Adopted by the following recorded vote. AYES: NAYS: ABSENT: IN RE: Supervisors Myers, Park, Matthews, and Terry None Supervisor Johnson TREASURER I Alfred Anderson, Treasurer, submitted his report for July, 1980 which was recieved in file. He further submitted a press release containing the figures of interest received on unused invested funds for the last six months which total $693,980.49. IN RE: ENGINEER Gene Robertson, Engineer, informed the Board that rather than a cost of $13,700.00 estimated earlier for repairs to Northside Tennis Courts, the final amount is $13,809.68 and recommended that this amount be approp- riated for the repairs. DESCRIPTION Class: Fund: Department; Objective: Department: Obj ective: APPROPRIATION RESOLUTION NO. 2635 I ACCOUNT NUMBER INCREASE (DECREASE) Expenditures General Operating Parks and Recreation Repairs-Bldgs & Grounds 03-6-07100-30046 $ 13,810.00 Contingent Balance Unappropriated Balance 03-6-99999-99999 $(13,810.00) I I I .., 7-22-80 'I I"-' ,..., ~) ;) Adopted on moition of Supervisor Matthews and the following recorded votE AYES: Supervisors Myers, Park and Matthews NAYS: None ABSENT: Supervisor Johnson and Terry IN RE: RESOLUTION NO. 2636 DESIGNATING THE NAME OF VIRGINIA SECONDARY ROUTE 868 AS CARNER LANE. WHEREAS, the property owners along Virginia Secondary Route 868 located at the intersection of Woodhaven Road and Greenridge Road and extending for a distance of 0.25 mile along Virginia Secondary Route 868 have requested the Board of Supervisors to name this road Carner Lane; and WHEREAS, pursuant to Section 15.1-379 of the Code of Virginia, as amended, the governing body of any County may by resolution duly adopted, name streets, roads, and alleys therein, outside the corporate limits of towns, except for those primary highways conforming to Section 33.1-12 of the Code of Virginia, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that Virginia Secondary Route 868 extending for a distance of 0.25 mile from its intersection with Woodhaven Road and Greenridge Road be, and hereby is offcially named and designated as Carner Lane. Adopted on motion of Supervisor Myers and the following recorded vote. AYES: Supervisors Myers, Park and Matthews. NAYS: None ABSENT: Supervisors Johnson and Terry IN RE: GENERAL DISTRICT COURT Administrator Clark stated a request was received for funds of $625.00 to be appropriated for furnishings for Judge Clemens' office since this was not included in the budget. After some discussion Supervisor Myers moved to have the Purchasing Department check into this and make a report on same, which motion was adopted by unanimous voice vote. I ~ r 7-22-80 156 . IN RE: HEARING OF CITIZENS Jerry W. Grubb was present on behalf of Landmark Properties, Inc. and stated that a problem exists in obtaining sewer connections to develop 65 lots adjoining Beverly Heights in west Salem. He further stated the Public Service Authority had approved capacity two years ago but the City of Salem would not approve capacity in their lines. They were informed that Public Service Authority was aware of the problem and that corrective measures were in process and could expect approval in approximately one year. A capacity request has not yet been obtained and that the problem still exists apparently due to no money being available for correcting the problem. Gary Minter, citizen of the Hollins District, read a portion of a column which appeared in the newspaper written by Ben Beagle, referring to a humorous attack on the Board members in relation to the recent placement of fire apparatus in the County. A petition was submitted to the Board supporting the original recommendation to the Board of placement of certain fire apparatus by the Fire Coordinator, and asking that a switch be made to place the fire trucks where they can be more utilized. David Simmons, stated that County Fire Departments are now divided and urged that the Board reconsider their position and concur with the recommendation of trained personnel for placement of these vehicles. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Park stated he has had some requests of citizens, particularly in the Garden City area, asking about the possibility of paying water bills at the banks. The Board concurred that it might be advantageous to have this service and asked the County Administrator to check into the feasibility of this request. IN RE: EXECUTIVE SESSION On motion of Supervisor Matthews and a unanimous voice vote, the Board went into Executive session at 10:00 P. M. ~ . I I I ~ 7-22-80 ~~~ I ~ { IN RE: RECONVENEMENT On motion of Supervisor Matthews and a unanimous voice vote, the Board went back into open session at 10:45 p.m. I IN RE: RESOLUTION NO. 2637 AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE ON BEHALF OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY THREE CERTAIN CONTRACTUAL AGREEMENTS RELATING TO TINKER CREEK SEWER INTERCEPTOR, ORE BRANCH SEWER INTERCEPTOR AND GLADE CREEK SEWER INTERCEPTOR. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That those three certain contractual agreements made to be entered into by and between Roanoke County and the City of Roanoke relating to three separate sewer interceptor projects, to-wit: Tinker Creek Sewer Interceptor, Ore Branch Sewer Interceptor and Glade Creek Sewer Interceptor, upon all and singular the terms, conditions and provisions set out in said contractual agreements and otherwise agreed I to by and between the County of Roanoke and the City of Roanoke be, and the same hereby are approved; and 2. That the County Administrator be, and he hereby is authorized and directed to execute said three contractual agreements for and on behalf of the County of Roanoke, the same to be upon form approved by the County Attorney. Adopted on motion of Supervisor Park and the following recorded vote. AYES: Supervisors Park, Matthews and Terry. NAYS: Supervisor Myers ABSENT: Supervisor Johnson IN RE: RESOLUTION NO. 2638 AUTHORIZING AND DIRECTING THE COUNTY ADMINISTRATOR TO, ON BEHALF OF ROANOKE COUNTY, ENTER INTO A CERTAIN AGREEMENT TO PROVIDE FOR A POSITION CLASSIFICATION AND PAY PLAN STUDY FOR THE EMPLOYEES OF ROANOKE COUNTY. I BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That that certain proposal of Blanken Associates, Inc. of Roanoke to provide a position classification and pay plan study for the County of Roanoke for a sum not to exceed $2,490.00, upon all and singular the terms and conditions of said proposal, be and it hereby is accepted; ~ r 7-22-80 158 and 2. That the County Administrator be, and he hereby is authorized and directed to enter into an agreement with Blanken Associates, Inc. to perform the position classification and pay plan study as set out in said proposal, the agreement to be upon form approved by the County Attorney. Adopted on motion of Supervisor Matthews and the following recorded vote. AYES: Supervisors Park, Matthews and Terry NAYS: Supervisor Myers ABSENT: Supervisor Johnson IN RE: RECESS On motion of Supervisor Park and a unanimous voice vote, the meeting was recessed at 11:00 P.M. to be reconvened on Tuesday, August 5, 1980 at 11:00 A.M. in the Conference Room adjoining the.County Administrator's office for the purpose of awarding bids on $8.5 million of Public Improvement Bonds. I I ~~ 1~'O I